Podcast Location:
Download it here [file size: 19.7 MB]
Categories:
Remedies & Enforcement
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at those who are unsure about third party debt orders or for those who need a refresher on the topic. In an easy to follow, step by step guide, James Sheedy will discuss the necessary steps to obtain an order and will assess their effectiveness as a method of enforcement.

Outcomes:
After completing the course you will:
  • Understand how a third party debt order works;
  • Know the procedural steps in obtaining an order;
  • Know what categories of debt can be attached under an order;
  • Understand what documentation a judgment creditor needs to file and serve;
  • Understand the process after an interim order has been granted;
  • Know what steps the judgment creditor should take about service;
  • Know the grounds on which to resist an order being made.
Level:
General Interest Difficulty: 2 of 5
Classification:
Practical Guide
Procedural
Sources and References:
  • CPR 72 (Third Party Debt Orders);
  • CPR 71 (Orders to Obtain Information From Judgment Debtors);
  • CPR 66 (Crown Proceedings);
  • CPR 45 (Fixed Costs);
  • Kuwait Oil Tanker Company SAK v UBS AG [2003] UKHL 31;
  • Dawson v Preston (Law Society, Garnishees) [1955] 1 WLR 1219;
  • Rekstin v Severo Sibirsko Gosudarstvennoe Akcionernoe Obschestvo Komseverputj and the Bank for Russian Trade Ltd [1933] 1 KB 47;
  • Sucden Financial Limited v Fluxo-Cane Overseas Limited [2009] EWHC 3555 (QB);
  • Kier Regional Limited v City and General (Holborn) Limited and third parties [2008] EWHC 2454.
Tags:

This podcast is about enforcing judgment by means of a third party debt order. James Sheedy will discuss the procedural steps necessary to obtain an order against a debtor in default and also their effectiveness as a method of enforcement.

Podcast added: 07/09/10

Podcast last reviewed: 2012-01-30

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